Seafood Safety Act 2003

i Seafood Safety Act 2003 Act No. 24/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose and outline 1 2. Commencement 3 3. Definitions 3 4. What is a seafood business? 5 PART 2—ADMINISTRATION 8 5. Administration of Act 8 6. Objective and functions of the Authority 8 7. Application of Act to Crown 8 8. Application of Act, inconsistency and exemptions 8 PART 3—LICENSING 10 9. Seafood business to be licensed 10 10. Exemptions from licensing requirement 10 11. Application for a seafood safety licence 11 12. Licence fees 12 13. Seafood safety licences 12 14. Mandatory powers of Authority in respect of licences 13 15. Discretionary powers of Authority in respect of licences 14 16. Authority may impose conditions 15 17. Failure to comply with licence conditions 15 18. Suspension or cancellation of licence 15 PART 4—SEAFOOD SAFETY 17 Division 1—Codes of Practice 17 19. Codes of Practice 17 20. Procedure for making a Code of Practice 18 21. Commencement of Code of Practice 19 22. Availability of Codes of Practice 19 23. Requirement to comply with Code of Practice 20 -- 1 of 73 -- Section Page ii Division 2—Food Safety Programs 20 24. Requirement for food safety programs 20 25. Approval of food safety programs 21 26. Contents of food safety program 21 27. Compliance with food safety program condition of licence 23 28. Monitoring compliance with food safety program 24 29. Audit of food safety programs 24 PART 5—ENFORCEMENT AND LEGAL PROCEEDINGS 26 30. General powers of authorised officers 26 31. Actions which an authorised officer may take 29 32. Power to seize seafood unfit for human consumption 30 33. Entry or search with consent 31 34. Search warrants 33 35. Announcement before entry 35 36. Details of warrant to be given 36 37. Seizure of things not mentioned in the warrant 36 38. Assistance of member of police force 37 39. Provisions relating to the seizure of items 37 40. Copies of seized documents 38 41. Retention and return of seized documents or things 38 42. Magistrates' Court may extend retention period 39 43. Offence in relation to seized or taken property 39 44. Offence in relation to samples 40 45. Offence to hinder or obstruct authorised officer 40 46. Offence to fail to provide information 41 47. Offence to give false or misleading information 41 48. Offence to refuse admission to authorised officer 41 49. Offence to refuse assistance to authorised officer 41 50. Offence to fail to comply with directions etc. of authorised officers 42 51. Protection against self-incrimination 42 52. Certain records to be kept 42 53. Powers of chief executive officer 43 54. Chief executive officer may obtain enforcement order 44 55. Offences by unincorporated bodies, partnerships etc. 44 56. Proceedings 44 57. Defence of due diligence to a charge 44 58. Evidence 45 59. Service of notices or orders 45 PART 6—GENERAL 47 60. Review of decision of Authority 47 61. Regulations 48 -- 2 of 73 -- Section Page iii PART 7—AMENDMENT OF MEAT INDUSTRY ACT 1993 51 62. Purposes of Meat Industry Act 1993 51 63. Change of name of Authority 51 64. Definitions 51 65. Contents of program 52 66. New Part 3A inserted—Codes of Practice 53 PART 3A—CODES OF PRACTICE 53 13A. Codes of Practice 53 13B. Procedure for making a Code of Practice 54 13C. Commencement of Code of Practice 55 13D. Availability of Codes of Practice 55 13E. Requirement to comply with Code of Practice 56 67. Refusal to grant licence in some cases 57 68. Licence renewal 58 69. Suspension or cancellation of licence 58 70. Diseased meat 58 71. Functions of the Authority 58 72. Accountability of Authority 58 73. Immunity of Authority 59 74. Membership of the Authority 59 75. Vacancies 60 76. Substitution of section 51 60 51. Payment of members 60 77. Pecuniary interests of chief executive officer and members 60 78. Confidentiality 61 79. Delegation 61 80. Corporate plan 61 81. Selection committee 61 82. Dissolution of committee 62 83. Appointment of inspectors 62 84. Identification of inspectors 63 85. New section 93 inserted 63 93. Transitional—change of membership of selection committee 63 86. New section 94 inserted 64 94. Effect of change of name and membership of Authority 64 PART 8—AMENDMENT OF DAIRY ACT 2000 65 87. Definitions 65 88. Sale and delivery of dairy food not as required under Code 65 89. Contents of program 65 90. Offences with respect to authorised officers 66 -- 3 of 73 -- Section Page iv PART 9—AMENDMENT OF FOOD ACT 1984 67 91. Powers with respect to unclean food premises 67 92. Exemption from registration 67 PART 10—AMENDMENT OF FISHERIES ACT 1995 68 93. Fisheries notices 68 ═══════════════ ENDNOTES 69 -- 4 of 73 -- 1 Seafood Safety Act 2003 † [Assented to 13 May 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose and outline (1) The purpose of this Act is to— (a) complement the Food Act 1984 by providing a regulatory system under which all sectors in the seafood supply chain are required to manage food safety risks in accordance with the relevant applicable standards; Victoria No. 24 of 2003 -- 5 of 73 -- Part 1—Preliminary Seafood Safety Act 2003 Act No. 24/2003 2 (b) make related amendments to the Meat Industry Act 1993; (c) amend the Dairy Act 2000, the Food Act 1984 and the Fisheries Act 1995. (2) In outline this Act— • provides for a scheme to regulate the safety of seafood in Victoria; • defines "seafood" and "seafood business"; • confers the administration of this Act on the Victorian Meat Authority as re-named PrimeSafe by this Act; • specifies that the Food Act 1984 is to prevail in the event of any inconsistency; • provides for the licensing of seafood businesses; • enables the making of Codes of Practice and the approval of food safety programs; • provides for the enforcement of the Act, including the powers of authorised officers and matters relating to legal proceedings under the Act; • enables specified decisions of the Authority to be reviewed by the Victorian Civil and Administrative Tribunal; • empowers the making of regulations for the purposes of this Act; • makes related amendments to the Meat Industry Act 1993 and amends the Dairy Act 2000, the Food Act 1984 and the Fisheries Act 1995. (3) Sub-section (2) is intended only as a guide to readers as to the general scheme of this Act. s. 1 -- 6 of 73 -- Part 1—Preliminary Seafood Safety Act 2003 Act No. 24/2003 3 2. Commencement (1) Section 1, this section and sections 74(2), 81 and 85 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 2005, it comes into operation on that day. 3. Definitions In this Act— "authorised officer" means any person authorised as an inspector under section 70(1) of the Meat Industry Act 1993; "Authority" has the same meaning as in the Meat Industry Act 1993; "chief executive officer" means the chief executive officer of the Authority engaged under section 54 of the Meat Industry Act 1993; "Code of Practice" means a Code of Practice made under section 19; "food business" has the same meaning as in the Food Act 1984; "licensee" means the holder of a seafood safety licence; "owner" in relation to any premises— (a) includes in any case, the— (i) occupier; or (ii) person in charge or apparently in charge; or s. 2 -- 7 of 73 -- Part 1—Preliminary Seafood Safety Act 2003 Act No. 24/2003 4 (iii) owner's agent; or (iv) owner's manager; and (b) in the case of a body corporate or unincorporate, also includes the manager, secretary or other controlling officer of that body; "person" includes a body or association (corporate or unincorporate) and a partnership; "premises" includes— (a) land (whether or not vacant); and (b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); and (c) a pontoon; "prescribed" means prescribed by the regulations; "prescribed food standard" has the same meaning as in section 4(1) of the Food Act 1984; "regulations" means regulations made under this Act; "seafood" means— (a) any marine, estuarine or freshwater fish; (b) any other aquatic vertebrate animal, except crocodile; (c) any other aquatic invertebrate animal; (d) any products of fish or other aquatic animals referred to in paragraphs (a), (b) and (c); s. 3 -- 8 of 73 -- Part 1—Preliminary Seafood Safety Act 2003 Act No. 24/2003 5 (e) any other food or class of food prescribed to be seafood for the purposes of this Act— but does not include any species of fish or aquatic animal or any food or class of food prescribed not to be seafood for the purposes of this Act; "seafood business" has the meaning given by section 4; "seafood safety licence" means a licence issued by the Authority under Part 3; "sell" has the same meaning as in section 4(1) of the Food Act 1984; "Tribunal" means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998; "vehicle" means a conveyance designed to be propelled or drawn by any means whether or not capable of being so propelled or drawn, and includes cart, caravan, bicycle, railway carriage, tram-car, ship, boat, barge, vessel, aircraft and air-cushion vehicle. 4. What is a seafood business? (1) In this Act, "seafood business" means a business— (a) that involves the handling of seafood intended for sale (whether wholesale or retail) for human consumption; or (b) of a type or class prescribed to be a seafood business— but does not include a business of a type or class prescribed not to be a seafood business. s. 4 -- 9 of 73 -- Part 1—Preliminary Seafood Safety Act 2003 Act No. 24/2003 6 (2) For the purposes of sub-section (1), a seafood business does not include a food business where the main activity is not the handling of seafood. (3) For the purposes of this Act, the handling of seafood includes— (a) the harvesting or collection of seafood; (b) aquaculture; (c) the maintaining of live shellfish, crustaceans and echinoderms for later processing; (d) the depuration of shellfish; (e) the processing of seafood including (but not limited to)— (i) the skinning, gilling, gutting, filleting or shucking of seafood; (ii) the smoking, preserving, canning, curing or drying of seafood; (iii) the extracting, mincing, blending or slicing of seafood; (iv) the mixing of seafood with other substances; (v) the cooking of seafood (other than the cooking of seafood for immediate sale for human consumption without any further processing); (vi) the packaging, storing and transporting of seafood. (4) For the purposes of this Act, the handling of seafood does not include— (a) the maintaining or otherwise handling of fin- fish live for later processing; or s. 4 -- 10 of 73 -- Part 1—Preliminary Seafood Safety Act 2003 Act No. 24/2003 7 (b) the maintaining or otherwise handling of live seafood intended for sale for the purpose of growing on. __________________ s. 4 -- 11 of 73 -- Part 2—Administration Seafood Safety Act 2003 Act No. 24/2003 8 PART 2—ADMINISTRATION 5. Administration of Act Subject to the general direction and control of the Minister, the Authority has the administration of this Act. 6. Objective and functions of the Authority (1) The objective of the Authority under this Act is to ensure that all sectors in the seafood supply chain manage food safety risks in accordance with the relevant applicable standards. (2) Subject to this Act, the Authority may for the purposes of this Act, perform the functions and exercise the powers conferred on the Authority under this Act or the Meat Industry Act 1993. 7. Application of Act to Crown This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 8. Application of Act, inconsistency and exemptions (1) This Act does not apply to a seafood business that is a business in respect of which there is an authority in force that corresponds to a seafood safety licence under a corresponding law of the Commonwealth or another State or Territory of the Commonwealth. (2) If there is any inconsistency between a provision of this Act and a provision of the Food Act 1984, the provision of the Food Act 1984 prevails to the extent of the inconsistency. s. 5 -- 12 of 73 -- Part 2—Administration Seafood Safety Act 2003 Act No. 24/2003 9 (3) The regulations may exempt from the operation of this Act, or a specified provision of this Act, a specified person, business, activity, product, matter or thing or a specified class of persons, businesses, activities, products, matters or things. __________________ s. 5 -- 13 of 73 -- Part 3—Licensing Seafood Safety Act 2003 Act No. 24/2003 10 PART 3—LICENSING 9. Seafood business to be licensed (1) Subject to sub-section (2), a person must not commence or conduct a seafood business unless that person holds a current and valid seafood safety licence in respect of the business. Penalty: For a first offence, 100 penalty units. For a subsequent offence, 500 penalty units or 24 months imprisonment or both. (2) Sub-section (1) does not apply to a person who conducts a seafood business that involves only primary food production, until 6 months after the day that this section comes into operation. (3) In this section "primary food production" has the same meaning as in section 4C of the Food Act 1984. 10. Exemptions from licensing requirement (1) The Authority may in writing grant an exemption to a person conducting a seafood business from the requirement to hold a seafood safety licence if— (a) the person— (i) is the proprietor of a food business for a food premises or a class of food premises that is registered under Part VI of the Food Act 1984 and that registration is in force; or (ii) holds a current and valid licence under Part 4 of the Meat Industry Act 1993; or (iii) holds a current and valid licence under Part 3 of the Dairy Act 2000; and s. 9 -- 14 of 73 -- Part 3—Licensing Seafood Safety Act 2003 Act No. 24/2003 11 (b) it is a requirement of the relevant Act referred to in paragraph (a) that there is a quality assurance program or food safety program, which in the opinion of the Authority adequately covers seafood safety, in respect of the seafood business of the person. (2) An exemption under sub-section (1) may be granted by the Authority to a person or to a class of persons— (a) on its own motion or on the application of a person on the person's behalf or on behalf of a class of persons; and (b) on payment by a person of a fee fixed in respect of an exemption for the relevant seafood safety licence or class of seafood safety licence by the Authority. (3) The Authority may amend, vary or revoke an exemption granted under sub-section (1). 11. Application for a seafood safety licence An application for the issue or renewal of a seafood safety licence must be made to the Authority— (a) in the form approved by the Authority; and (b) containing the particulars required by the Authority; and (c) together with the fee fixed for that seafood safety licence or class of seafood safety licence by the Authority. s. 11 -- 15 of 73 -- Part 3—Licensing Seafood Safety Act 2003 Act No. 24/2003 12 12. Licence fees (1) The Authority may in respect of the issue or renewal of seafood safety licences fix— (a) specific fees; or (b) maximum or minimum fees; or (c) differential fees; or (d) scales of fees. (2) The Authority must determine— (a) the criteria for determining; and (b) the structure of— licence fees in consultation with the seafood industry. (3) The criteria may include— (a) the value of services provided to a licensee; (b) the value of industry wide benefits; (c) the scale of operations of each licensee. 13. Seafood safety licences (1) A seafood safety licence must be issued or renewed by the Authority— (a) subject to this Act and to any terms and conditions that are determined by the Authority; (b) in the form approved by the Authority; (c) only in respect of the places or circumstances specified in the licence; (d) for any period that is determined by the Authority being a period not greater than 3 years and which period must be specified in the licence; s. 12 -- 16 of 73 -- Part 3—Licensing Seafood Safety Act 2003 Act No. 24/2003 13 (e) unless sooner cancelled or suspended, to remain in force until the day specified in the licence for the expiration of that licence. (2) The Authority may determine different classes of seafood safety licences. 14. Mandatory powers of Authority in respect of licences (1) The Authority must— (a) refuse to issue; (b) issue or renew subject to conditions (if any); (c) refuse to renew; (d) cancel; (e) suspend for a specified period— a seafood safety licence on any of the grounds specified in sub-section (2) and must in any such case notify the applicant or licensee in writing of the ground for doing so. (2) The grounds are— (a) the Authority is not satisfied that the applicant or licensee, as the case may be, holds an appropriate fishery licence, authorisation or permit under the Fisheries Act 1995 that is necessary to carry on the activities to which the application or seafood safety licence relates; (b) the licensee has ceased to conduct a business of the nature specified in the application or the licence; s. 14 -- 17 of 73 -- Part 3—Licensing Seafood Safety Act 2003 Act No. 24/2003 14 (c) the applicant or the licensee, as the case may be, has been convicted of an offence in relation to a requirement of— (i) this Act, the Health Act 1958, the Food Act 1984, the Meat Industry Act 1993 or the Dairy Act 2000 (including any regulation, code of practice or other subordinate instrument made under those Acts); or (ii) a law of the Commonwealth or another State or a Territory of the Commonwealth that corresponds to a requirement specified in sub- paragraph (i)— and the Authority considers the gravity of the offence sufficient to justify its decision under sub-section (1); (d) any other ground which is prescribed for the purposes of this section. 15. Discretionary powers of Authority in respect of licences (1) The Authority may— (a) refuse to issue; (b) issue or renew subject to conditions (if any); (c) refuse to renew; (d) cancel; (e) suspend for a specified period— a seafood safety licence on any of the grounds specified in sub-section (2) and must in any such case notify the applicant or licensee in writing of the ground for doing so. s. 15 -- 18 of 73 -- Part 3—Licensing Seafood Safety Act 2003 Act No. 24/2003 15 (2) The grounds are— (a) the applicant or the licensee or the seafood business, as the case may be, does not meet or comply with any requirement of this Act, the Health Act 1958 or the Food Act 1984 (including any regulation, code of practice or other subordinate instrument made under those Acts) that is applicable and the Authority considers that the failure to meet or comply with the requirement is sufficient to justify its decision under sub-section (1); (b) the applicant or licensee owes a debt to the Authority; (c) any other ground which is prescribed for the purposes of this section. 16. Authority may impose conditions The Authority may insert a new condition or amend, vary or delete any condition or other matter specified in a seafood safety licence and must advise the licensee in writing of any such insertion, amendment, variation or deletion. 17. Failure to comply with licence conditions A licensee must comply with any conditions specified in the seafood safety licence. Penalty: For a first offence, 50 penalty units. For a subsequent offence, 100 penalty units or 12 months imprisonment or both. 18. Suspension or cancellation of licence (1) Before suspending or cancelling a licence under section 14(1) or 15(1) the Authority must— (a) give written notice to the licensee of its intention and the reasons for it; and s. 16 -- 19 of 73 -- Part 3—Licensing Seafood Safety Act 2003 Act No. 24/2003 16 (b) give the licensee a reasonable opportunity to make written submissions to it on the matter; and (c) if the ground for suspension or cancellation is non-compliance by the licensee with a requirement of a Code of Practice— (i) state what the licensee has to do to comply with the requirement; and (ii) specify a period within which the requirement must be complied with; and (iii) be satisfied that the licensee has not complied with the requirement within that specified period. (2) While a person's licence is suspended, the person must be taken not to hold a licence. (3) If a suspended licence is renewed during the suspension period, the suspension continues to apply to the new licence. (4) The Authority may at any time revoke the suspension of a licence. __________________ s. 18 -- 20 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 17 PART 4—SEAFOOD SAFETY Division 1—Codes of Practice 19. Codes of Practice (1) The Authority may make Codes of Practice in accordance with this Division. (2) A Code of Practice must be approved by the Minister before it is made. (3) A Code of Practice may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (a) wholly or partially or as amended by the Code of Practice; or (b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. (4) If a Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Authority causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken not to have been so amended. s. 19 -- 21 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 18 (5) A Code of Practice may— (a) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons and bodies; (b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority; (c) authorise an officer or employee of the Authority to enforce the Code of Practice. 20. Procedure for making a Code of Practice (1) Before the Authority makes a Code of Practice it must comply with the following procedure. (2) The Authority must give a notice stating— (a) the purpose and general purport of the proposed Code of Practice; (b) where a copy of the proposed Code of Practice can be obtained or inspected; (c) that any person may make a submission on the proposed Code of Practice to the Authority within the period specified in the notice. (3) The Authority must allow at least 28 days after the day on which a notice is given under sub-section (2) for the making of submissions. (4) After the Authority has considered any submission, the Authority must give a notice stating that it intends to make the Code of Practice. (5) A notice under this section must be— (a) published in the Government Gazette; (b) published in a daily newspaper generally circulating in Victoria; s. 20 -- 22 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 19 (c) sent to seafood industry bodies or organisations that the Authority considers are likely to be affected by the proposed Code of Practice. 21. Commencement of Code of Practice A Code of Practice or a provision of a Code of Practice comes into operation at the beginning of the day on which the Code of Practice is approved by the Minister or at the beginning of any later day that is expressed in the Code of Practice as the day on which the Code of Practice or provision comes into operation. 22. Availability of Codes of Practice (1) Upon the making of a Code of Practice, the Authority must cause notice of— (a) the making of the Code of Practice; and (b) the date of commencement of the Code of Practice; and (c) the place where copies of the Code of Practice may be obtained— to be published in the Government Gazette. (2) There must be published with a notice under sub- section (1) or a notice of an amendment under section 19(4), a notice stating that the Code of Practice, any incorporated document or any amendment to an incorporated document, as the case may be, may be inspected at the office of the Authority specified in the notice. (3) Even though a Code of Practice has come into operation, a person cannot be convicted of an offence or be prejudicially affected or made subject to any liability under the Code of Practice if it is proved that at the relevant time notice of the Code of Practice had not been published in the Government Gazette and a copy of the Code of s. 21 -- 23 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 20 Practice and any incorporated document was not available for inspection. (4) Sub-section (3) does not apply if it is proved that at the relevant time reasonable steps had been taken for the purpose of bringing the general purport of the Code of Practice to the notice of the public or of persons likely to be affected by the Code of Practice. 23. Requirement to comply with Code of Practice A licensee must comply with any applicable Code of Practice. Note: Failure to comply with any requirement of an applicable Code of Practice is a ground for a refusal to renew a licence, the renewal of a licence subject to conditions or the cancellation or suspension of a licence under section 15(2)(a). Division 2—Food Safety Programs 24. Requirement for food safety programs (1) The Minister may, by notice published in the Government Gazette, declare that a class of seafood safety licence is to have a food safety program. (2) In making a declaration, the Minister must specify that the declaration is to take effect on a specified date on or after the making of the declaration. (3) A person issued with a seafood safety licence that is in a class of seafood safety licence before a declaration is made in respect of that class of licence must submit a food safety program in relation to that licence to the Authority for approval by the Authority within— (a) a period specified by the Minister in the notice specified under sub-section (1) in relation to that class of licence; or s. 23 -- 24 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 21 (b) any further period notified in writing to that person by the Authority. (4) On or after a declaration takes effect under this section, the Authority must not issue or renew a licence of a class specified in the declaration unless the Authority has approved a food safety program in relation to the licence. 25. Approval of food safety programs (1) The Authority may— (a) on its own initiative; or (b) at the request of the holder of, or an applicant for, a seafood safety licence— approve a food safety program in relation to the licence. (2) The Authority may approve a food safety program under sub-section (1) if— (a) the Authority is satisfied that the food safety program is adequate for managing food safety risks of the seafood business of the licensee or applicant; and (b) the food safety program complies with section 26. 26. Contents of food safety program (1) A food safety program for a seafood business must— (a) systematically identify the potential hazards that may be reasonably expected to occur in each food handling operation that is to be, or that is being, conducted in the seafood business; (b) identify where, in a food handling operation, each hazard identified can be controlled and the means of control; s. 25 -- 25 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 22 (c) provide for the systematic monitoring of those controls; (d) provide for appropriate corrective action when an identified hazard is found not to be under control; (e) provide for the regular review of the food safety program by the licensee of the seafood business; (f) provide for appropriate records to be made and kept by the licensee of the seafood business demonstrating action taken in relation to, or in compliance with, the food safety program; (g) set out strategies to ensure that the requirements of this Act and the regulations and seafood safety standards under this Act are complied with; (h) set out strategies for implementing any applicable Code of Practice under this Act; (i) set out strategies and actions for monitoring compliance with the food safety program; (j) describe training of personnel in handling of seafood to ensure compliance with the food safety program; (k) contain any requirement notified in writing by the Authority to the applicant for, or the holder of, a seafood safety licence; (l) contain any other requirement agreed between the Authority and the applicant for, or the holder of, a seafood safety licence. s. 26 -- 26 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 23 (2) If food other than seafood is handled in the course of conducting the seafood business, the food safety program must— (a) in the case of meat, include strategies— (i) to ensure that the standards required under the Meat Industry Act 1993 are maintained in respect of the meat; and (ii) for implementing any applicable Code of Practice made under the Meat Industry Act 1993; (b) in the case of dairy food, provide for the matters set out in sections 39(1)(a), 39(1)(b) and 39(1)(c) of the Dairy Act 2000; (c) in the case of any other food, do all of the things listed in section 19D of the Food Act 1984. (3) For the purposes of sub-section (2)— "meat" means meat in respect of which the Meat Industry Act 1993 applies; "dairy food" has the same meaning as in section 3 of the Dairy Act 2000. (4) For the purposes of sub-section (2)(c)— "food" has the same meaning as in section 4(1) of the Food Act 1984. (5) The food safety program must comply with any requirements prescribed for food safety programs. 27. Compliance with food safety program condition of licence (1) Each seafood safety licence is subject to the condition that the licensee must comply with the food safety program that has been approved by the Authority in relation to that licence. s. 27 -- 27 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 24 (2) A licensee will not be taken to have failed to comply with a food safety program under sub- section (1) unless the Authority determines that the failure to comply is so serious that it cannot be dealt with by increased auditing requirements under this Act. 28. Monitoring compliance with food safety program The Authority must keep under regular review the extent of compliance with each approved food safety program. 29. Audit of food safety programs (1) The Authority may require a licensee to have the food safety program approved in respect of the seafood safety licence audited for the purpose of determining whether the food safety program— (a) has been complied with during the period covered by the audit; and (b) is still adequate to meet the requirements of this Act, the regulations or a Code of Practice and any applicable standard under this Act at the date of the audit. (2) A requirement under sub-section (1)— (a) must be made in writing; and (b) may be made on a one-off basis or may require an audit to be performed at any specified frequency; and (c) must specify the minimum qualifications or experience that must be held by the person who is to conduct any required audit; and (d) may impose restrictions on who may conduct any required audit; and (e) must specify by when, how and by whom the results of any required audit are to be reported to the Authority. s. 28 -- 28 of 73 -- Part 4—Seafood Safety Seafood Safety Act 2003 Act No. 24/2003 25 (3) The Authority may vary any requirement for an audit at any time by giving the licensee written notice of the variation. __________________ s. 29 -- 29 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 26 PART 5—ENFORCEMENT AND LEGAL PROCEEDINGS 30. General powers of authorised officers (1) For the purposes of the administration of this Act, the regulations or a Code of Practice, an authorised officer may take any action that is necessary to ascertain whether the provisions of— (a) this Act; or (b) the regulations; or (c) a Code of Practice; or (d) a seafood safety licence; or (e) a food safety program— have been, or are being, complied with. (2) For the purposes of sub-section (1) an authorised officer may at any reasonable time— (a) enter, inspect and examine any premises (that is not a person's dwelling) that the authorised officer believes on reasonable grounds is used in connection with— (i) the handling of seafood intended for sale for human consumption; or (ii) the conduct of a seafood business; (b) enter, inspect and examine any vehicle that the authorised officer believes on reasonable grounds is used in connection with— (i) the handling of seafood intended for sale for human consumption; or (ii) the conduct of a seafood business; (c) stop and detain any vehicle that the authorised officer is authorised by this sub- section to enter; s. 30 -- 30 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 27 (d) direct any person in charge of or apparently in charge of any vehicle that the authorised officer is authorised by this sub-section to enter, to proceed elsewhere and stop; (e) require any person to produce for inspection any documents in the possession of that person relating to seafood; (f) require any person to— (i) provide information; or (ii) answer any questions; or (iii) state the person's name and residential address— in connection with the authorised officer's functions under this Act; (g) inspect and examine any documents, seafood or other product, material, equipment, plant or facility on any premises or vehicle specified in paragraph (a) or (b), which in the opinion of the authorised officer relates to— (i) the handling of seafood intended for sale for human consumption; or (ii) the conduct of a seafood business; (h) seize any documents, seafood or other product or material specified in paragraph (g); (i) take copies of or extracts from any documents specified in paragraph (g); (j) take samples of any seafood or other product or material specified in paragraph (g); s. 30 -- 31 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 28 (k) for the purpose of paragraph (j), open or cause to be opened any package, container or receptacle which contains, or which the authorised officer suspects on reasonable grounds contains, seafood; (l) conduct or cause to be conducted an examination or analysis that the authorised officer considers necessary to determine the composition or safety of any seafood; (m) for the purpose of analysis, take samples of water or soil or any other thing that is a part of the environment in which any seafood is handled to determine whether that environment poses a risk to the safety of the seafood for human consumption; (n) take any photographs, films or audio or visual recordings that the authorised officer considers necessary; (o) take any measurements and make sketches or drawings or any other type of record; (p) monitor any specified functions required by a Code of Practice to be carried out by any person holding specified qualifications. (3) The owner of any seafood examined or analysed under sub-section (2)(l) is on payment of the prescribed fee entitled to a certificate from the Authority showing the result of the examination or analysis. (4) The owner of any premises or the operator of any vehicle specified in sub-section (2) must provide an authorised officer who wishes to exercise or is exercising a power under sub-section (2) with any assistance that is necessary or desirable to enable the authorised officer to exercise that power effectively. s. 30 -- 32 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 29 31. Actions which an authorised officer may take (1) If, after entering and inspecting or examining any premises or vehicle under section 30, an authorised officer is satisfied, or suspects on reasonable grounds, that— (a) any premises or any vehicle, plant, machinery or equipment used in connection with— (i) the handling of seafood intended for sale for human consumption; or (ii) the conduct of a seafood business— is in an unclean or substandard condition; or (b) any seafood intended for sale for human consumption is unfit for that purpose or is a risk to public health; or (c) any premises specified in paragraph (a) or seafood does not otherwise comply with any provisions of this Act, a Code of Practice or the regulations that are applicable— the authorised officer may, by a notice in writing addressed to the owner of the premises, seafood or vehicle, as the case may be, without further name or description, take any one or more of the actions specified in sub-section (2), which appear to the authorised officer to be appropriate in the circumstances. (2) The actions that an authorised officer may take for the purposes of this section are as follows— (a) order the premises, vehicle, plant, machinery or equipment, as the case may be, to be immediately cleaned and disinfected to the satisfaction of the authorised officer; s. 31 -- 33 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 30 (b) order that the use of a specified area of any premises or of any vehicle, plant, machinery or equipment used in connection with— (i) the handling of seafood intended for sale for human consumption; or (ii) the conduct of a seafood business— be stopped; (c) order that no seafood or class of seafood specified in the order be removed from premises for any purpose whatsoever or for any purpose specified in the order for a period of time that is specified in the order; (d) order that any seafood or class of seafood specified in the order be disposed of or destroyed. (3) A person to whom an order is addressed under this section must comply with the order. Penalty: 120 penalty units. 32. Power to seize seafood unfit for human consumption If an authorised officer believes on reasonable grounds that there is, on any premises (that is not a person's dwelling) or in a vehicle, any seafood intended for sale for human consumption which is unfit for human consumption or is a risk to public health, the authorised officer may, alone or with any member of the police force— (a) enter the premises or vehicle; and (b) search for and seize and remove or destroy or otherwise dispose of that seafood. s. 32 -- 34 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 31 33. Entry or search with consent (1) If an authorised officer believes, on reasonable grounds, that a person has contravened this Act, the regulations or a Code of Practice, the authorised officer, with the consent of the occupier of the premises or the operator of the vehicle, may— (a) alone, or with any member of the police force, enter and search any premises or vehicle; (b) alone, or with any member of the police force, seize any thing found on the premises or vehicle that the authorised officer believes on reasonable grounds, to be connected with the alleged contravention; (c) inspect and make copies of, or take extracts from, any document found on the premises or vehicle; (d) examine and take and keep samples of any seafood found on the premises or vehicle which the authorised officer believes on reasonable grounds to be connected with the alleged contravention; (e) for the purpose of paragraph (d), open or cause to be opened any package, container or receptacle which contains or which the authorised officer suspects on reasonable grounds contains seafood; (f) conduct or cause to be conducted an examination or analysis that the authorised officer considers necessary to determine the composition or safety of any seafood; (g) inspect and make copies of, or take extracts from, any document found on the premises or vehicle. s. 33 -- 35 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 32 (2) The owner of any seafood examined or analysed under sub-section (1)(f) is on payment of the prescribed fee entitled to a certificate from the Authority showing the result of the examination or analysis. (3) An authorised officer must not enter and search premises or a vehicle with the consent of the occupier or operator unless, before the occupier or operator consents to that entry, the authorised officer has— (a) produced his or her identity card for inspection; and (b) informed the occupier or operator— (i) of the purpose of the search; and (ii) that the occupier or operator may refuse to give consent to the entry and search or to the seizure of any thing found during the search; and (iii) that the occupier or operator may refuse to consent to the taking of any sample of goods or any copy or extract from a document found on the premises or vehicle during the search; and (iv) that any thing seized or taken during the search with the consent of the occupier or operator may be used in evidence in proceedings. (4) If an occupier or operator consents to an entry and search, the authorised officer who requested consent must before entering the premises or vehicle ask the occupier or operator to sign an acknowledgment in the prescribed form stating— (a) that the occupier or operator has been informed of the purpose of the search and that any thing seized or taken in the search s. 33 -- 36 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 33 with the consent of the occupier or operator may be used in evidence in proceedings; and (b) that the occupier or operator has been informed that he or she may refuse to give consent to the entry and search; and (c) that the occupier or operator has consented to such an entry and search; and (d) the date and time that the occupier or operator consented. (5) If an occupier or operator consents to the seizure or taking of any thing during a search under this section, the authorised officer must, before seizing or taking the thing, ask the occupier or operator to sign an acknowledgment stating— (a) that the occupier or operator has consented to the seizure or taking of the thing; and (b) the date and time that the occupier or operator consented. (6) An occupier or operator who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the premises or vehicle. (7) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier or operator did not consent to the entry and search or to the seizure or the taking of the thing. 34. Search warrants (1) An authorised officer, with the written approval of the Authority, may apply to a magistrate for the issue of a search warrant in relation to a particular premises or vehicle, if the authorised officer believes on reasonable grounds that there is on the premises or in the vehicle evidence that a person s. 34 -- 37 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 34 or persons may have contravened this Act, the regulations or a Code of Practice. (2) If a magistrate is satisfied, by the evidence on oath or by affidavit of the authorised officer that there are reasonable grounds to believe that there is a thing or things of a particular kind connected with a contravention of this Act, the regulations or a Code of Practice on any premises or in a vehicle, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment— (a) to enter the premises or vehicle specified in the warrant, if necessary by force; and (b) to do all or any of the following— (i) search for; (ii) seize; (iii) secure against interference; (iv) examine, inspect and take and keep samples of; (v) inspect and make copies of, or take extracts from— a thing or things of a particular kind named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention. (3) A search warrant issued under this section must state— (a) the purpose for which the search is required and the nature of the alleged contravention; and s. 34 -- 38 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 35 (b) any conditions to which the warrant is subject; and (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. (4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section. (5) For the purposes of sub-section (2)(b)(iv), an authorised officer may— (a) open or cause to be opened any package, container or receptacle which contains or which the authorised officer suspects on reasonable grounds contains seafood; and (b) conduct or cause to be conducted an examination or analysis that the authorised officer considers necessary to determine the composition or safety of any seafood. (6) The owner of any seafood examined or analysed under sub-section (5) is on payment of the prescribed fee entitled to a certificate from the Authority showing the result of the examination or analysis. 35. Announcement before entry (1) On executing a search warrant, the authorised officer executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the premises or vehicle; and s. 35 -- 39 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 36 (b) if the authorised officer has been unable to obtain unforced entry, must give any person at the premises or on the vehicle an opportunity to allow entry to the premises or vehicle. (2) An authorised officer need not comply with sub- section (1) if he or she believes on reasonable grounds that immediate entry to the premises or vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 36. Details of warrant to be given (1) If the occupier or operator is present at premises or a vehicle where a search warrant is being executed, the authorised officer must— (a) identify himself or herself to the occupier or operator; and (b) give to the occupier or operator a copy of the warrant. (2) If the occupier or operator is not present at premises or a vehicle where a search warrant is being executed, the authorised officer must— (a) identify himself or herself to a person at the premises or vehicle; and (b) give to the person a copy of the warrant. 37. Seizure of things not mentioned in the warrant A search warrant under section 34 authorises an authorised officer executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if— s. 36 -- 40 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 37 (a) the authorised officer believes, on reasonable grounds, that the thing is of a kind which could have been included in a search warrant issued under this Act; and (b) in the case of seizure, the authorised officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act, the regulations or a Code of Practice. 38. Assistance of member of police force Any member of the police force may assist an authorised officer in exercising a power or function under this Act. 39. Provisions relating to the seizure of items (1) If an authorised officer seizes any thing under section 30, 33 or 34 from a person who is present at the time of the seizure, the authorised officer must as soon as practicable give the person a written receipt for the thing seized. (2) In all other cases, if an authorised officer seizes a thing and it is not possible to immediately give— (a) the owner of the thing; or (b) the person in possession or apparently in possession of the thing; or (c) a person apparently aged 16 years or over and who is apparently employed by or an agent of the owner— a receipt for it, the officer must within 7 days send or cause to be sent a receipt for it by post to the address of the owner of the thing last known by the Authority. s. 38 -- 41 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 38 (3) If the authorised officer is unable to ascertain the identity or the address of the owner of any thing that has been seized, the receipt must be left with, or be posted to, the owner of the premises or vehicle from which the thing was seized. (4) A receipt must contain reasonable details of the thing seized. 40. Copies of seized documents (1) If an authorised officer retains possession of a document seized from a person under this Part, the authorised officer must give the person, within 21 days of the seizure, a copy of the document certified as correct by the authorised officer. (2) A copy of a document certified under sub-section (1) is to be received in all courts and tribunals to be evidence of equal validity to the original. 41. Retention and return of seized documents or things (1) If an authorised officer seizes a document or other thing under section 30, 33 or 34, the authorised officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the document or thing seized has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless— (a) proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 42 extending the period during which the document or thing may be retained. s. 40 -- 42 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 39 (3) This section does not apply to a sample taken by an authorised officer in the exercise of a power under this Act. 42. Magistrates' Court may extend retention period (1) An authorised officer may apply to the Magistrates' Court within 3 months after seizing a document or other thing under this Part for an extension of the period for which the authorised officer may retain the document or thing. (2) The Magistrates' Court may order such an extension if it is satisfied that retention of the document or other thing is necessary— (a) for the purposes of an investigation into whether a contravention of this Act, the regulations or a Code of Practice has occurred; or (b) to enable evidence of a contravention of this Act, the regulations or a Code of Practice to be obtained for the purposes of a proceeding under this Act. (3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person. 43. Offence in relation to seized or taken property (1) A person must not dispose of, remove, damage or interfere with any thing seized or taken under this Act except in accordance with this Act. Penalty: For a first offence, 50 penalty units. For a subsequent offence, 100 penalty units or 12 months imprisonment or both. s. 42 -- 43 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 40 (2) If a court convicts a person of an offence against sub-section (1) or finds a person guilty of an offence against sub-section (1), the court may in addition to any penalty imposed under that sub- section, order the person to pay compensation for any damage or loss caused by the offence to any person. 44. Offence in relation to samples A person must not— (a) remove, alter or interfere in any way with any sample taken under this Act; or (b) erase, alter, open, break or remove a mark, seal or fastening placed by an authorised officer on any part of a sample taken under this Act. Penalty: For a first offence, 50 penalty units. For a subsequent offence, 100 penalty units or 12 months imprisonment or both. 45. Offence to hinder or obstruct authorised officer A person must not, without reasonable excuse, hinder, obstruct, threaten or intimidate— (a) an authorised officer; or (b) a member of the police force who is assisting an authorised officer— who is exercising a power under this Act. Penalty: 60 penalty units. s. 44 -- 44 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 41 46. Offence to fail to provide information A person who has been informed by an authorised officer of the requirements under section 30(2)(f) must not, without reasonable cause, fail or refuse to comply with any of those requirements. Penalty: 60 penalty units. 47. Offence to give false or misleading information A person must not— (a) give information to an authorised officer, the Authority or an employee of the Authority under this Act that the person believes to be false or misleading in any material particular; or (b) produce a document to an authorised officer, the Authority or an employee of the Authority under this Act that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: 60 penalty units. 48. Offence to refuse admission to authorised officer A person must not refuse admission to an authorised officer under section 30(2). Penalty: 60 penalty units. 49. Offence to refuse assistance to authorised officer A person must not refuse or neglect to render assistance when required to do so under section 30(4). Penalty: 60 penalty units. s. 46 -- 45 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 42 50. Offence to fail to comply with directions etc. of authorised officers A person must not contravene or fail to comply with any lawful requirement, direction or order of an authorised officer. Penalty: 60 penalty units. 51. Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite sub-section (1), it is not a reasonable excuse for a natural person to— (a) refuse or fail to produce a document that the person is required to keep by or under this Act, if the production of the document would tend to incriminate the person; or (b) refuse or fail to give his or her name and residential address if the giving of the name and address would tend to incriminate the person. 52. Certain records to be kept (1) A licensee must send to the Authority any records relating to seafood that may be required by notice in writing by the Authority. (2) A licensee must at all reasonable times permit any authorised officer to inspect and to make abstracts or copies of any records required to be kept under this Act. s. 50 -- 46 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 43 53. Powers of chief executive officer (1) The chief executive officer has all the powers of an authorised officer under this Act. (2) The chief executive officer may, by notice in writing— (a) direct the owner, operator, manager or licensee of a seafood business, the occupier of any premises or the operator of a vehicle to remove any seafood from a premises or vehicle; or (b) prohibit the owner, operator, manager or licensee of a seafood business from using a premises or vehicle in relation to that business. (3) The chief executive officer may only issue the notice if he or she— (a) has considered a report from an authorised officer on the subject matter of the notice; and (b) considers it appropriate to issue the notice in the interests of public health. (4) A notice takes effect on being served on the person to whom it is directed. (5) A person to whom a notice is directed must comply with the notice. Penalty: 50 penalty units. (6) The chief executive officer may specify in the notice that it is to cease to apply if one or more specified conditions are met. (7) The chief executive officer may amend or revoke a notice at any time by serving written notice of the amendment or revocation on the person to whom the earlier notice was directed (or on any agent or successor of that person). s. 53 -- 47 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 44 54. Chief executive officer may obtain enforcement order The chief executive officer may apply to the Supreme Court for an order against any person who is required to comply with a notice issued under section 53 requiring the person to comply with the notice. 55. Offences by unincorporated bodies, partnerships etc. Where this Act provides that a person, being a partnership or an unincorporated body or association, is guilty of an offence, that reference to the person is— (a) in the case of a partnership—to be read as a reference to each member of the partnership; and (b) in the case of an unincorporated body or association—to be read as a reference to each member of the committee of management of the body or association. 56. Proceedings Proceedings under this Act may be instituted or conducted by— (a) the chairperson of the Authority; or (b) a person authorised in writing by the chairperson either generally or in any particular case. 57. Defence of due diligence to a charge In any proceedings for an offence under this Act, it is a defence if the person charged with the offence proves that he or she took all reasonable precautions and exercised all due diligence to prevent the commission of the offence. s. 54 -- 48 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 45 58. Evidence In any proceedings, evidence of the finding of seafood on any premises or in a vehicle used by a person for the storage of seafood for sale or for the sale of seafood is evidence, and in the absence of evidence to the contrary, is proof that the person possessed the seafood for sale for human consumption. 59. Service of notices or orders (1) If under this Act any notice or order is required to be given to or served on the owner of any premises, the notice or order may be addressed to the owner without further name or description and may be given or served by— (a) leaving it with a person on the premises who is apparently at least 16 years old; or (b) sending it by certified mail addressed to the owner at the address of the premises; or (c) fixing the notice or order or a copy of the notice or order on a conspicuous part of the premises. (2) If under this Act any notice or order is required to be given to or served on a person, it may be given or served by— (a) giving it or serving it personally on the person; or (b) leaving it at or sending it by certified mail to the person at that person's usual or last known residential or business address. (3) Any notice or order served for the purposes of this Act on an owner of any premises is, if due service has been made on an owner, binding on all persons claiming by, from or under, such owner and on all subsequent owners to the same extent s. 58 -- 49 of 73 -- Part 5—Enforcement and Legal Proceedings Seafood Safety Act 2003 Act No. 24/2003 46 as if the notice or order had been served on each of them. (4) The provisions of this section are in addition to and not in derogation from the provisions of the Corporations Act. (5) A person who provides a document or information in response to a requirement of an authorised officer under this Act may send that document or information to the Authority by registered post. __________________ s. 59 -- 50 of 73 -- Part 6—General Seafood Safety Act 2003 Act No. 24/2003 47 PART 6—GENERAL 60. Review of decision of Authority (1) Any person whose interests are affected by any decision of the Authority to— (a) refuse to grant an exemption under section 10(1) in respect of; (b) refuse to issue; (c) issue or renew subject to conditions; (d) refuse to renew; (e) cancel; (f) suspend; (g) amend, vary or delete a condition or insert a new condition in— a seafood safety licence, may apply to the Tribunal for a review of the decision. (2) An application for review must be made within 28 days after the later of— (a) the day on which the person is notified of the decision; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. s. 60 -- 51 of 73 -- Part 6—General Seafood Safety Act 2003 Act No. 24/2003 48 61. Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (3) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both sub-paragraphs (i) and (ii); s. 61 -- 52 of 73 -- Part 6—General Seafood Safety Act 2003 Act No. 24/2003 49 (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; (c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; (d) so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority or any officer or employee thereof; (e) so as to confer powers or impose duties in connection with the regulations on the Authority or any officer or employee thereof; (f) so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time or from time to time; s. 61 -- 53 of 73 -- Part 6—General Seafood Safety Act 2003 Act No. 24/2003 50 (g) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent that is specified; (h) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. (4) If under sub-section (3)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Minister causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken to have not been so amended. __________________ s. 61 -- 54 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 51 PART 7—AMENDMENT OF MEAT INDUSTRY ACT 1993 62. Purposes of Meat Industry Act 1993 After section 1(d) of the Meat Industry Act 1993 insert— "(da) to empower the Authority to perform the functions conferred on it by the Seafood Safety Act 2003;". 63. Change of name of Authority (1) In section 3(1) of the Meat Industry Act 1993, in the definition of "Authority", for "the Victorian Meat Authority" substitute "PrimeSafe". (2) For the heading to Part 6 of the Meat Industry Act 1993 substitute— "PART 6—PRIMESAFE" (3) In section 43(1) of the Meat Industry Act 1993, for "the Victorian Meat Authority" substitute "PrimeSafe". 64. Definitions (1) In section 3(1) of the Meat Industry Act 1993 insert the following definition— ' "Code of Practice" means an approved Code of Practice made under section 13A;'. (2) In section 3(1) of the Meat Industry Act 1993 insert the following definition— ' "seafood" has the same meaning as in section 3 of the Seafood Safety Act 2003;'. See: Act No. 40/1993. Reprint No. 2 as at 1 January 1999 and amending Act Nos 53/2001, 72/2001 and 84/2001. LawToday: www.dms. dpc.vic. gov.au s. 62 -- 55 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 52 (3) In section 3(1) of the Meat Industry Act 1993, in the definition of "butcher shop", for paragraph (a) substitute— "(a) a shop where more manufactured meat, or products that contain some or no meat, is sold than unmixed meat; or". (4) In section 3(1) of the Meat Industry Act 1993, in the definition of "meat processing facility"— (a) in paragraph (c), after "shop;" insert "or"; (b) after paragraph (c) insert— "(d) any place or vehicle that is used for the sale of meat for human consumption or the handling, storage or transportation of meat for sale for human consumption but does not include a place or vehicle— (i) where more manufactured meat, or products that contain some or no meat, is sold than unmixed meat; or (ii) where meat is sold to be consumed at that place or vehicle;". (5) In section 3(1) of the Meat Industry Act 1993, in the definition of "pet food processing facility", in paragraph (b), after "meat" insert "or seafood". (6) In section 3(1) of the Meat Industry Act 1993, for the definition of "sell" substitute— ' "sell", for the purposes of this Act, has the same meaning as sell has in relation to food under section 4(1) of the Food Act 1984;'. 65. Contents of program In section 11(4) of the Meat Industry Act 1993 omit "(other than section 19D(f))". s. 65 -- 56 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 53 66. New Part 3A inserted—Codes of Practice After Part 3 of the Meat Industry Act 1993 insert— "PART 3A—CODES OF PRACTICE 13A. Codes of Practice (1) The Authority may make Codes of Practice in accordance with this Part. (2) A Code of Practice must be approved by the Minister before it is made. (3) A Code of Practice may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (a) wholly or partially or as amended by the Code of Practice; or (b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. (4) If a Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Authority causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, s. 66 -- 57 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 54 specification or method is to be taken not to have been so amended. (5) A Code of Practice may— (a) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons and bodies; (b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority; (c) authorise an officer or employee of the Authority to enforce the Code of Practice. 13B. Procedure for making a Code of Practice (1) Before the Authority makes a Code of Practice it must comply with the following procedure. (2) The Authority must give a notice stating— (a) the purpose and general purport of the proposed Code of Practice; (b) where a copy of the proposed Code of Practice can be obtained or inspected; (c) that any person may make a submission on the proposed Code of Practice to the Authority within the period specified in the notice. (3) The Authority must allow at least 28 days after the day on which a notice is given under sub-section (2) for the making of submissions. s. 66 -- 58 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 55 (4) After the Authority has considered any submission, the Authority must give a notice stating that it intends to make the Code of Practice. (5) A notice under this section must be— (a) published in the Government Gazette; (b) published in a daily newspaper generally circulating in Victoria; (c) sent to meat industry bodies or organisations that the Authority considers are likely to be affected by the proposed Code of Practice. 13C. Commencement of Code of Practice A Code of Practice or a provision of a Code of Practice comes into operation at the beginning of the day on which the Code of Practice is approved by the Minister or at the beginning of any later day that is expressed in the Code of Practice as the day on which the Code of Practice or provision comes into operation. 13D. Availability of Codes of Practice (1) Upon the making of a Code of Practice, the Authority must cause notice of— (a) the making of the Code of Practice; and (b) the date of commencement of the Code of Practice; and (c) the place where copies of the Code of Practice may be obtained— to be published in the Government Gazette. s. 66 -- 59 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 56 (2) There must be published with a notice under sub-section (1) or a notice of an amendment under section 13A(4), a notice stating that the Code of Practice, any incorporated document or any amendment to an incorporated document, as the case may be, may be inspected at the office of the Authority specified in the notice. (3) Even though a Code of Practice has come into operation, a person cannot be convicted of an offence or be prejudicially affected or made subject to any liability under the Code of Practice if it is proved that at the relevant time notice of the Code of Practice had not been published in the Government Gazette and a copy of the Code of Practice and any incorporated document was not available for inspection. (4) Sub-section (3) does not apply if it is proved that at the relevant time reasonable steps had been taken for the purpose of bringing the general purport of the Code of Practice to the notice of the public or of persons likely to be affected by the Code of Practice. 13E. Requirement to comply with Code of Practice A licensee must comply with any applicable Code of Practice. Note: Failure to comply with any requirement of an applicable Code of Practice is a ground for a refusal to renew a licence under section 20(1) or the cancellation or suspension of a licence under section 22(2).". s. 66 -- 60 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 57 67. Refusal to grant licence in some cases (1) In section 18 of the Meat Industry Act 1993— (a) for paragraph (b) substitute— "(b) the applicant has been convicted of an offence against this Act, the Livestock Disease Control Act 1994, the Abattoir and Meat Inspection Act 1973, the Poultry Processing Act 1968, the Health Act 1958, the Food Act 1984, the Dairy Act 2000 or the Seafood Safety Act 2003 (including any regulation, code of practice or other subordinate instrument made under those Acts), if the Authority considers the gravity of the offence sufficient to justify refusal of the application; or"; (b) in paragraph (g), for "justified." substitute "justified; or"; (c) after paragraph (g) insert— "(h) the applicant has ceased to conduct a business of the nature specified in the application under section 14; or (i) any other ground which is prescribed for the purposes of this section applies.". (2) At the end of section 18 of the Meat Industry Act 1993 insert— "(2) Despite section 17, the Authority may refuse to grant a licence if— (a) the applicant does not meet or comply with any requirement of this Act, the Health Act 1958 or the Food Act 1984 (including any regulation, code of practice or other subordinate instrument s. 67 -- 61 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 58 made under those Acts) that is applicable; and (b) the Authority considers that the failure to meet or comply with the requirement is sufficient to justify its decision under this sub-section— other than where a failure to meet or comply with such a requirement is a ground for refusal to grant a licence under sub- section (1).". 68. Licence renewal In section 20(1) of the Meat Industry Act 1993, for "The" substitute "Subject to sub-section (2), the". 69. Suspension or cancellation of licence In section 22(2)(c) of the Meat Industry Act 1993, for "section 18(b), (c), (d), (e), (f) or (g)" substitute "section 18(1)(b), 18(1)(c), 18(1)(d), 18(1)(e), 18(1)(f), 18(1)(g), 18(1)(h), 18(1)(i) or 18(2)". 70. Diseased meat Section 32(2) of the Meat Industry Act 1993 is repealed. 71. Functions of the Authority After section 44(h) of the Meat Industry Act 1993 insert— "(ha) to carry out the functions conferred on the Authority by the Seafood Safety Act 2003 or the regulations made under that Act; and". 72. Accountability of Authority In section 46(1) of the Meat Industry Act 1993, after "this Act" insert "and the Seafood Safety Act 2003". s. 68 -- 62 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 59 73. Immunity of Authority In section 47 of the Meat Industry Act 1993, after "this Act " (where twice occurring) insert "or the Seafood Safety Act 2003". 74. Membership of the Authority (1) In section 48 of the Meat Industry Act 1993— (a) in sub-section (1), after "of" insert "at least 8 and not more than"; (b) for sub-sections (2)(b) and (2)(c) substitute— "(b) two may be appointed after the Minister has taken into account the balance of areas of expertise held by the members of the Authority appointed under paragraph (d);". (2) In section 48(2)(d) of the Meat Industry Act 1993— (a) in sub-paragraph (ix), for "management." substitute "management;"; (b) after sub-paragraph (ix) insert— "(x) seafood production and processing; (xi) retailing; (xii) consumer matters; (xiii) public health.". (3) After section 48(2) of the Meat Industry Act 1993 insert— "(2A) The Minister must ensure, that of the persons appointed to the Authority under sub-section (2), one person must have expertise in the area of public health. s. 73 -- 63 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 60 (2B) The Minister, after consulting with the chairperson, is to appoint one of the members of the Authority to be the deputy chairperson.". 75. Vacancies In section 50(4)(e) of the Meat Industry Act 1993, after "this Act" insert "or the Seafood Safety Act 2003". 76. Substitution of section 51 For section 51 of the Meat Industry Act 1993 substitute— '51. Payment of members (1) A member of the Authority who is not a— (a) public sector employee; or (b) a member of staff of a municipal council— is entitled to the remuneration and allowances (if any) fixed by the Minister. (2) In this section "public sector employee" has the same meaning as in the Public Sector Management and Employment Act 1998.'. 77. Pecuniary interests of chief executive officer and members In section 56 of the Meat Industry Act 1993— (a) in sub-section (1), after "this Act" insert "or the Seafood Safety Act 2003"; (b) in sub-section (3), after "meat industry" insert "or seafood industry". s. 75 -- 64 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 61 78. Confidentiality In section 57 of the Meat Industry Act 1993, after "this Act" (wherever occurring) insert "or the Seafood Safety Act 2003". 79. Delegation In section 58 of the Meat Industry Act 1993, after "this Act" (where twice occurring) insert "or the Seafood Safety Act 2003". 80. Corporate plan In section 64(3) of the Meat Industry Act 1993, after "meat industry" insert "or the seafood industry". 81. Selection committee (1) For section 65(2) of the Meat Industry Act 1993 substitute— "(2) The selection committee consists of 5 members of whom— (a) one is to be the chairperson of the Authority; and (b) one is to be appointed on the nomination of the State organisation or State division of the organisation that the Minister determines best represents livestock producers; and (c) one is to be appointed on the nomination of the State organisation or State division of the organisation that the Minister determines best represents meat processors engaged in the processing of meat for human consumption and the knackery and pet food industries; and s. 78 -- 65 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 62 (d) one is to be appointed on the nomination of the State organisation or State division of the organisation that the Minister determines best represents the poultry processing industry; and (e) one is to be appointed on the nomination of the State organisation or State division of the organisation that the Minister determines best represents the seafood industry.". (2) After section 65(6) of the Meat Industry Act 1993 insert— "(7) A member of the selection committee— (a) is appointed for the term that is specified in the instrument of appointment; and (b) holds office on the terms and conditions, including payment of allowances, that are determined by the Minister. (8) Sub-sections (4) and (5) do not apply to the chairperson of the Authority.". 82. Dissolution of committee In section 69(1)(a)(iv) of the Meat Industry Act 1993, after "this Act" insert "or the Seafood Safety Act 2003". 83. Appointment of inspectors In section 70(5) of the Meat Industry Act 1993, after "this Act" insert ", the Seafood Safety Act 2003". s. 82 -- 66 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 63 84. Identification of inspectors (1) In section 71(1) of the Meat Industry Act 1993, for "a certificate of identification" substitute "an identity card". (2) For section 71(2) of the Meat Industry Act 1993 substitute— "(2) An identity card must contain a photograph of the inspector to whom it is issued. (3) An inspector must produce his or her identity card for inspection— (a) before exercising a power under this Act or any other Act; and (b) at any time during the exercise of a power under this Act or any other Act, if asked to do so. Penalty: 20 penalty units.". 85. New section 93 inserted After section 92 of the Meat Industry Act 1993 insert— "93. Transitional—change of membership of selection committee (1) The selection committee established under section 65 is deemed to be the same body despite the change to its membership made by section 81 of the Seafood Safety Act 2003. (2) On the commencement of section 81 of the Seafood Safety Act 2003 all the members of the selection committee cease to hold office.". s. 84 -- 67 of 73 -- Part 7—Amendment of Meat Industry Act 1993 Seafood Safety Act 2003 Act No. 24/2003 64 86. New section 94 inserted At the end of Part 9 of the Meat Industry Act 1993 insert— "94. Effect of change of name and membership of Authority (1) PrimeSafe is the same body as the Victorian Meat Authority, despite the change to its name made by section 63 of the Seafood Safety Act 2003 and no act, matter or thing is to be affected because of that change of name. (2) On and from the commencement of section 63 of the Seafood Safety Act 2003, in any Act or in any other document of any kind, a reference to the Victorian Meat Authority is deemed to be a reference to PrimeSafe, unless the contrary intention appears. (3) The Authority established under section 48 is deemed to be the same body despite the change to its membership made by section 74(1) of the Seafood Safety Act 2003 and no act, matter or thing is to be affected because of that change of membership.". __________________ s. 86 -- 68 of 73 -- Part 8—Amendment of Dairy Act 2000 Seafood Safety Act 2003 Act No. 24/2003 65 PART 8—AMENDMENT OF DAIRY ACT 2000 87. Definitions In section 3 of the Dairy Act 2000— (a) for the definition of "dairy distributor" substitute— ' "dairy distributor" means a person— (a) who is the owner of any dairy distribution premises; or (b) who purchases dairy food for the purposes of distribution and sale;'; (b) in the definition of "dairy food", after paragraph (h) insert— "(ha) colostrum and products derived from colostrum;"; (c) for the definition of "sell" substitute— ' "sell", for the purposes of this Act, has the same meaning as sell has in relation to food under section 4(1) of the Food Act 1984;'. 88. Sale and delivery of dairy food not as required under Code For the penalty at the foot of section 36(1) of the Dairy Act 2000 substitute— "Penalty: 400 penalty units.". 89. Contents of program In section 39(4) of the Dairy Act 2000 omit "(other than section 19D(f))". See: Act No. 37/2000 and amending Act No. 44/2001. LawToday: www.dms. dpc.vic. gov.au s. 87 -- 69 of 73 -- Part 8—Amendment of Dairy Act 2000 Seafood Safety Act 2003 Act No. 24/2003 66 90. Offences with respect to authorised officers (1) For section 50(e) of the Dairy Act 2000 substitute— "(e) give information to an authorised officer, the Authority or an employee of the Authority under this Act, including any information or answer required to be given under section 45(1)(d), that the person believes to be false or misleading in any material particular; or (ea) produce a document to an authorised officer, the Authority or an employee of the Authority under this Act that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information; or". (2) At the foot of section 50 of the Dairy Act 2000 insert— "Penalty: 60 penalty units.". __________________ s. 90 -- 70 of 73 -- Part 9—Amendment of Food Act 1984 Seafood Safety Act 2003 Act No. 24/2003 67 PART 9—AMENDMENT OF FOOD ACT 1984 91. Powers with respect to unclean food premises In section 19(2)(aa) of the Food Act 1984, for "; or" substitute "—". 92. Exemption from registration After section 38(7) of the Food Act 1984 insert— "(8) A food premises that is used by a business in respect of which a seafood safety licence has been issued under Part 3 of the Seafood Safety Act 2003 is exempt from the requirement to be registered under this Act while that licence is in force.". __________________ s. 91 See: Act No. 10082. Reprint No. 6 as at 1 January 2002 and amending Act No. 49/2002. LawToday: www.dms. dpc.vic. gov.au -- 71 of 73 -- Part 10—Amendment of Fisheries Act 1995 Seafood Safety Act 2003 Act No. 24/2003 68 PART 10—AMENDMENT OF FISHERIES ACT 1995 93. Fisheries notices Section 152(1)(e) of the Fisheries Act 1995 is repealed. ═══════════════ s. 93 See: Act No. 92/1995. Reprint No. 3 as at 16 November 2002 and amending Act Nos 80/2000 and 17/2002. LawToday: www.dms. dpc.vic. gov.au -- 72 of 73 -- Seafood Safety Act 2003 Act No. 24/2003 69 ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 March 2003 Legislative Council: 10 April 2003 The long title for the Bill for this Act was "to regulate the safety of seafood, to make related amendments to the Meat Industry Act 1993, to amend the Dairy Act 2000, the Food Act 1984 and the Fisheries Act 1995 and for other purposes." Endnotes -- 73 of 73 --